When you’re going through a divorce, it is natural to wonder about the privacy of the proceedings, especially in Georgia. It’s a common question: Are divorce filings considered public record in Georgia?
In Georgia, as in many states, divorce filings are generally part of the public record. This means that the documents filed with the court, such as the initial divorce complaint and final decree, are accessible to the public. This transparency is rooted in the principle of open courts, ensuring that the judicial process is visible and accountable to all.
However, not all details in a divorce case are openly accessible. Sensitive information, like financial statements or details concerning minors, often receives additional protection. Courts in Georgia also have the authority to seal certain documents or portions of the divorce case, thereby restricting public access. This is usually done to protect the individual’s privacy, especially when children are involved or when sensitive financial data is at play.
What is Public Record During a Georgia Divorce?
The initial divorce complaint and the final divorce decree are typically public records. These documents outline the basic information about the divorce, such as the parties’ names, the date of filing, and the grounds for divorce.
Other documents, like motions filed by either party and orders issued by the court, are also usually accessible to the public. These can include orders for temporary support, custody arrangements, and property division orders.
Financial disclosures, often required in divorce cases to determine alimony and asset division, may be part of the public record. However, they might be subject to certain privacy protections depending on the case.
Public divorce records will typically include:
- Names, addresses, and sometimes the contact information of the parties involved
- The case number
- Filing date
- Court in which the case was filed
- The grounds for divorce cited by the filing spouse
- If included in the final decree, final decisions regarding asset division, custody, and support are public
What About My Privacy?
Divorce proceedings can involve the disclosure of highly sensitive information. In Georgia, specific considerations and protections are in place regarding the privacy of such information.
- Financial Data: Divorce cases often require detailed financial disclosures. This includes income statements, asset valuations, debt records, and sometimes business interests. The detailed nature of these documents can raise privacy concerns for the individuals involved.
If financial data disclosure could lead to identity theft, fraud, or other financial harms, courts may opt to seal these records.
- Information About Minors: Cases involving child custody or support include information about minors, such as their names, ages, and living arrangements. The sensitivity of this information warrants careful handling to safeguard the privacy and well-being of the children involved.
To protect children, courts in Georgia may decide to seal records that contain sensitive information about children involved in a divorce case, such as custody arrangements and child support details.
Georgia courts are mindful of privacy concerns and have the discretion to seal certain documents or parts of a case. This is typically done to protect sensitive financial information, the identity of minors, or any other information deemed overly personal or potentially harmful if publicly disclosed.
While the principle of open courts is upheld, Georgia courts also recognize the need to balance transparency with the individual’s right to privacy, particularly in matters that might have long-term personal consequences.
Conditions for Sealing Documents
You and your Atlanta divorce lawyer must typically provide a legal justification to seal a document. This involves demonstrating to the court that the need for privacy outweighs the public’s right to access the information. The court then decides based on the specifics of your case.
The process of sealing documents in a divorce case in Georgia is not automatic and requires specific steps and legal justifications. Your attorney can help you understand these privacy concerns and protections when going through a divorce, as it impacts how your personal information is handled and potentially disclosed in public records.
Contact Our Atlanta Divorce Lawyers Today
If you are concerned about the privacy of your divorce proceedings in Georgia, contact our law firm immediately. A divorce lawyer at Hobson & Hobson, P.C., can offer guidance on what can be kept private and what will be part of the public record. They can also assist in filing motions to seal certain documents if privacy is a significant concern.
You are not alone, and we can help you protect your privacy during a divorce in Georgia.
To schedule a consultation, please call us at (770) 284-6153 or fill out our confidential contact form. We are here to help you simplify the divorce process and take the burdens off of your shoulders.
Attorney Sarah Hobson at Hobson and Hobson, P.C. are powerful advocates for those who fight for better futures for those going through divorce and custody law matters.
